PART 1 GENERAL

Title, commencement and application

1.  The title of these Regulations is the Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) (No. 2) Regulations 2007.

(2) These Regulations come into force on 23 October 2007 and apply in relation to Wales.

Interpretation

2.  In these Regulations—

“the 2006 Regulations” (“Rheoliadau 2006”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006(3).

“the 2007 Regulations” (“Rheoliadau 2007”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007(4).

Amendment to the 2006 Regulations and the 2007 Regulations

3.  The 2006 Regulations are amended in accordance with Part 2.

4.  The 2007 Regulations are amended in accordance with Part 3.

PART 2 AMENDMENTS TO THE 2006 REGULATIONS

5.  In the English text of regulation 2(1A) of the 2006 Regulations, after the word, “his” insert “or her”.

6.  In the Welsh text of regulation 55(3)(ba) of the 2006 Regulations, omit the word, “nad”.

7.  In the Welsh text of paragraph 1(4)(ch) of Schedule 1 to the 2006 Regulations, for the words, “blentyn ei briod neu ei bartner sifil;”, substitute the words, “briod neu bartner sifil ei blentyn;”.

PART 3 AMENDMENTS TO THE 2007 REGULATIONS

Amendment of regulation 2 of the 2007 Regulations

8.  In regulation 2(1) of the 2007 Regulations, in the appropriate place in the alphabetical order, insert—

““bursary year” (“blwyddyn bwrsari”) means an academic year of the course—

“designated distance learning course” (“cwrs dysgu o bell dynodedig”) means a course designated by the Welsh Ministers under regulation 61C;”;

“disabled distance learning students' allowance” (“lwfans myfyrwyr dysgu o bell anabl”) means the grant payable under regulation 61H;”;

“eligible distance learning student” (“myfyriwr dysgu o bell cymwys”) has the meaning given in regulation 61A;”;

“present distance learning course” (“cwrs dysgu o bell presennol”) means the designated distance learning course in respect of which a person is applying for support;”.

9.  In the English text of regulation 2(1A) of the 2007 Regulations, after the word, “his” insert “or her”.

Amendment of regulation 4 of the 2007 Regulations

10.  In regulation 4 of the 2007 Regulations—

(a) after paragraph (6)(a), insert—

“(aa) a designated course and a designated distance learning course;”;

(b) for paragraph (12), substitute—

“(12) Where—

(a) the Welsh Ministers determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was—

(i) an eligible student in connection with an application for support for an earlier year of the present course, an application for support for a course in relation to which the present course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which his or her status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the present course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which his or her status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of his or her spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which he or she is applying for support.”;

(c) for paragraph (13), substitute—

“(13) Where—

(a) the Welsh Ministers determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was–

(i) an eligible student in connection with an application for support for an earlier year of the present course, an application for support for a course in relation to which the present course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which his or her status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the present course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which his or her status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which he or she is applying for support.”.

Amendment of regulation 5 of the 2007 Regulations

11.  In regulation 5 of the 2007 Regulations—

(a) in paragraph (1)—

(i) for “paragraph (2)”, substitute “paragraphs (2), (3) and (3A)”;

(ii) after sub-paragraph (b), insert—

“(bb) not designated under regulation 61C;”;

(b) in paragraph (2)—

• for “paragraph 6 or 7”, substitute “paragraph 7 or 8”.

(c) after paragraph (2), insert—

“(2A) A course that is taken as part of an employment based teacher training scheme is not a designated course.”;

(d) after paragraph (3), insert—

“(3A) Paragraph (1)(bb) does not apply where the person applying for support in connection with the course is—

(a) a disabled student; and

(b) undertaking that course in the United Kingdom but not in attendance because he or she is unable to attend for a reason which relates to his or her disability.”.

Amendment of regulation 6 of the 2007 Regulations

12.  In regulation 6(15) (a) of the 2007 Regulations for “has not converted or will not convert”, substitute “has not transferred or converted or will not transfer or convert” and for the words “under regulation 70(1),” substitute, “under regulation 8, regulation 61M, regulation 61N and regulation 70.”.

13.  In regulation 6 of the 2007 Regulations —

(a) in paragraph (19) after “compressed degree course”, insert “or a designated distance learning course”;

(b) in paragraph (20)(b) after “attendance on”, insert “or, in the case of a designated distance learning course, undertaking”.

Amendment of regulation 12 of the 2007 Regulations

14.  In regulation 12, omit paragraphs (4) and (5).

Amendment of regulation 16 of the 2007 Regulations

15.  In regulation 16 of the 2007 Regulations—

(a) for paragraph (4), substitute—

“(4) In the case of a designated course at Heythrop College, the amount of grant for fees in respect of an academic year is the lesser of—

(a) £2,195; and

(b) the fees payable by the student in connection with that year.”;

(b) for paragraph (5), substitute—

“(5) In the case of a designated course at Guildhall School of Music and Drama, the amount of grant for fees in respect of an academic year is the lesser of—

(a) £4,455; and

(b) the fees payable by the student in connection with that year.”.

Amendment of regulation 23 of the 2007 Regulations

16.  After regulation 23 of the 2007 Regulations, insert—

“23A.—(1) A student to whom this regulation applies is treated as if he or she were in attendance on the designated course for the purpose of qualifying for the following grants—

(a) grant for dependants;

(b) disabled students' living costs grant;

(c) maintenance grant or special support grant;

(d) higher education grant.

(2) This regulation applies to—

(a) a compressed degree student;

(b) a disabled student who—

(i) is not a compressed degree student; and

(ii) is undertaking a designated course in the United Kingdom but is not in attendance because he or she is unable to attend for a reason which relates to his or her disability.”

Amendment of regulation 30 of the 2007 Regulations

17.  In regulation 30(1) of the 2007 Regulations—

(a) at the beginning of sub-paragraph (a), insert “subject to sub-paragraph (m),”;

(b) in sub-paragraph (g) for “and (k)”, substitute, “ (k) and (l)”;

(c) after sub-paragraph (d), insert—

“(da) “dependent child” (“plentyn dibynnol”) means, in relation to an eligible student, a child dependent on the student;”;

(d) after sub-paragraph (k), insert—

“(l) for the purposes of determining whether a person is the former partner of an eligible student’s partner, “partner” (“partner”) in relation to an eligible student’s partner means—

(i) the spouse of an eligible student’s partner;

(ii) the civil partner of an eligible student’s partner;

(iii) where the eligible student began the specified designated course on or after 1 September 2000, a person ordinarily living with an eligible student’s partner as if he or she were his or her spouse;

(iv) where the eligible student began the specified designated course on or after 1 September 2005, a person ordinarily living with an eligible student’s partner as if he or she were his or her civil partner;

(m) subject to sub-paragraph (n), for the purposes of the definitions of “adult dependent” (“dibynnydd mewn oed”) and “dependent child” (“plentyn dibynnol”), the Welsh Ministers may treat an adult person or child as dependent on an eligible student if they are satisfied that the adult person or child—

(i) is not dependent on—

(aa) the eligible student; or

(bb) his or her partner; but

(ii) is dependent on the eligible student and his or her partner together.

(n) the Welsh Ministers must not treat an adult person (“A”) as dependent on an eligible student in accordance with sub-paragraph (m), if A is—

(i) the spouse or civil partner of the eligible student’s partner (including a spouse or civil partner from whom the Welsh Ministers consider the eligible student’s partner is separated); or

(ii) the former partner of the eligible student’s partner.”.

Insertion of a new Part in the 2007 Regulations

18.  After regulation 61 of the 2007 Regulations, insert—

“PART 10A SUPPORT FOR FULL-TIME DISTANCE LEARNING COURSES

Eligible distance learning students

61A.—(1) An eligible distance learning student qualifies for support in connection with his or her undertaking a designated distance learning course subject to and in accordance with this Part.

(2) Subject to paragraph (3), a person is an eligible distance learning student in connection with a designated distance learning course if in assessing his or her application for support the Welsh Ministers determine that the person falls within one of the categories set out in Part 2 of Schedule 1.

(3) A person is not an eligible distance learning student if—

(a) subject to paragraph (4), there has been bestowed on him or her or paid to him or her in connection with the distance learning course—

(i) a healthcare bursary whether or not the amount of such bursary is calculated by reference to his or her income;

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992; or

(iii) a Scottish healthcare allowance whether or not the amount of such allowance is calculated by reference to his or her income;

(b) he or she is in breach of any obligation to repay any loan;

(c) he or she has reached the age of 18 and has not ratified any agreement for a loan made with him or her when he or she was under the age of 18;

(d) he or she has, in the opinion of the Welsh Ministers, shown himself or herself by his or her conduct to be unfitted to receive support; or

(e) subject to paragraph (5), he or she is a prisoner serving a custodial sentence.

(4) Paragraph (3) (a) does not apply if—

(a) the person applying for support is a disabled student; and

(b) there has been bestowed on him or her or paid to him or her in connection with the distance learning course—

(i) a healthcare bursary the amount of which is calculated by reference to his or her income; or

(ii) a Scottish Healthcare Allowance whether or not the amount of such allowance is calculated by reference to his or her income.

(5) Paragraph (3) (e) does not apply in respect of an academic year during which the student enters prison to serve a custodial sentence or is released from prison having served such a sentence.

(6) For the purposes of paragraphs (3) (b) and (3)(c), “loan” (“benthyciad”) means a loan made under the student loans legislation.

(7) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3) (c) only applies if the agreement was made–

(a) before 25 September 1991; and

(b) with the concurrence of the borrower’s curator or at a time when he or she had no curator.

(8) Despite paragraphs (2) and (3) and subject to paragraphs (11) to (13), a person is an eligible distance learning student for the purposes of this Part if he or she satisfies the conditions in paragraph (9) or (10).

(9) The conditions in this paragraph are—

(a) the person qualified as an eligible distance learning student in connection with an earlier academic year of the present designated distance learning course pursuant to regulations made by the Welsh Ministers under section 22 of the Act;

(b) the person was not ordinarily resident in England on the first day of the present designated distance learning course; and

(c) the person’s status as an eligible distance learning student has not terminated.

(10) The conditions in this paragraph are—

(a) the Welsh Ministers have previously determined that the person is—

(i) an eligible student in connection with a designated course;

(ii) an eligible distance learning student in connection with a designated distance learning course other than the present distance learning course; or

(iii) an eligible part-time student in connection with a designated part-time course;

(b) the person’s status as an eligible student, eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the present designated distance learning course as a result of one or more conversions or transfers in accordance with regulations made by the Welsh Ministers under section 22 of the Act;

(c) the person was not ordinarily resident in England on the first day of the first academic year of the course referred to in sub-paragraph (a); and

(d) the person’s status as an eligible distance learning student has not terminated.

(11) Where—

(a) the Welsh Ministers determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible distance learning student in connection with an application for support for an earlier year of the present distance learning course or an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which his or her status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the present distance learning course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of his or her spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which he or she is applying for support.

(12) Where—

(a) the Welsh Ministers determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible distance learning student in connection with an application for support for an earlier year of the present distance learning course or an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which his or her status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the present distance learning course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which he or she is applying for support.

(13) Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Welsh Ministers determined that he or she was an eligible student or eligible part-time student, as the case may be, before 1 September 2007.

(14) An eligible distance learning student may not, at any one time, qualify for support for—

(a) more than one designated distance learning course;

(b) a designated distance learning course and a designated course;

(c) a designated distance learning course and a designated part-time course;

(d) a designated distance learning course and a designated postgraduate course.

Students becoming eligible during the course of the academic year

61B.—(1) Where one of the events listed in paragraph (4) occurs in the course of an academic year—

(a) a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and

(b) a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(2) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) or (i) of paragraph (4) occurs in the course of an academic year—

(a) a student may qualify for a grant for books, travel and other expenditure in respect of that academic year in accordance with this Part; and

(b) a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(3) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) or (i) of paragraph (4) occurs in the course of an academic year—

(a) a student may qualify for disabled distance learning students' allowance in respect of that academic year in accordance with this Part; and

(b) disabled distance learning students' allowance is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(4) The events are—

(a) the student’s course becomes a designated distance learning course;

(b) the student, his or her spouse, his or her civil partner or his or her parent is recognised as a refugee or becomes a person with leave to enter or remain;

(c) a state accedes to the European Community and the student is a national of that state or a family member (as defined in Part 1 of Schedule 1) of a national of that state;

(d) the student becomes a family member (as defined in Part 1 of Schedule 1) of an EC national;

(e) the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(f) the student acquires the right of permanent residence;

(g) the student becomes a person described in paragraph 6(1)(a) of Schedule 1;

(h) the student becomes the child of a Swiss national; or

(i) the student becomes the child of a Turkish worker.

Designated distance learning courses

61C.—(1) A course is designated for the purposes of section 22(1) of the Act and regulation 61A if it is designated by the Welsh Ministers under this regulation.

(2) Subject to paragraph (4), the Welsh Ministers may designate a course under this regulation if in their opinion—

(a) the course is mentioned in Schedule 2 other than a course for the initial training of teachers;

(b) the course is a full-time course;

(c) the course is of at least one academic year’s duration; and

(d) students undertaking the course in the United Kingdom are not required to be in attendance on it by the institution or institutions providing the course.

(3) For the purposes of determining whether the requirement in paragraph (2)(d) is satisfied the Welsh Ministers may disregard—

(a) any requirement imposed by the institution or institutions providing the course to attend any institution for the purposes of—

(i) registration or enrolment;

(ii) an examination;

(b) any requirement imposed by the institution or institutions providing the course to attend any institution on a weekend or during any vacation;

(c) any period of attendance at the institution or institutions providing the course which a student may but is not required to complete by that institution or those institutions.

(4) The Welsh Ministers may not designate a course as a designated distance learning course if—

(a) it falls within paragraph 7 or 8 of Schedule 2; and

(b) the governing body of a maintained school has arranged for the provision of the course to a pupil of the school.

Period of eligibility

61D.—(1) A student retains his or her status as an eligible distance learning student in connection with a designated distance learning course until the status terminates in accordance with this regulation and regulation 61A.

(2) The period for which an eligible distance learning student retains his or her status is the “period of eligibility”.

(3) Subject to the following paragraphs and regulation 61A, the period of eligibility terminates at the end of the academic year in which the eligible distance learning student completes the designated distance learning course.

(4) The period of eligibility terminates when the eligible distance learning student—

(a) withdraws from his or her designated distance learning course in circumstances where the Welsh Ministers have not transferred or converted or will not transfer or convert his or her status under regulation 61L, regulation 61M, regulation 61N, regulation 61O or regulation 70; or

(b) abandons or is expelled from his or her designated distance learning course.

(5) The Welsh Ministers may terminate the period of eligibility where the eligible distance learning student has shown himself or herself by his or her conduct to be unfitted to receive support.

(6) If the Welsh Ministers are satisfied that an eligible distance learning student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Welsh Ministers may take such of the following actions as they consider appropriate in the circumstances—

(a) terminate the period of eligibility;

(b) determine that the student no longer qualifies for any particular support or particular amount of support;

(c) treat any support paid to the student as an overpayment which may be recovered under regulation 61R.

(7) Where the period of eligibility terminates before the end of the academic year in which the eligible distance learning student completes the designated distance learning course the Welsh Ministers may, at any time, renew or extend the period of eligibility for such period as they determine.

Support for distance learning courses

61E.—(1) For the purposes of this regulation, the support available is—

(a) a grant in respect of fees not exceeding the lesser of the following amounts—

(i) £1,150; and

(ii) the “actual fees”, being the amount of fees charged to the student in respect of an academic year of the designated distance learning course; and

(b) a grant not exceeding £250 for books, travel and other expenditure in connection with the designated distance learning course.

(2) An eligible distance learning student does not qualify for support under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 1 into which he or she falls is paragraph 9.

(3) An eligible distance learning student does not qualify for support under this regulation if—

(a) he or she is a disabled student; and

(b) there has been bestowed on him or her or paid to him or her in connection with the designated distance learning course—

(i) a healthcare bursary the amount of which is calculated by reference to his or her income; or

(ii) a Scottish healthcare allowance whether or not the amount of such allowance is calculated by reference to his or her income.

(4) An eligible distance learning student does not qualify for support under this regulation unless the Welsh Ministers consider that he or she is undertaking the designated distance learning course in Wales.

(5) An eligible distance learning student does not qualify for support under this regulation if he or she has undertaken one or more distance learning courses for eight academic years in aggregate and he or she has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (6).

(6) The loans and grants are—

(a) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course pursuant to regulations made under section 22 of the Act;

(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course by the Department for Employment and Learning (Northern Ireland) pursuant to regulations made under Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998; or

(c) a loan in respect of an academic year of a distance learning course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980.

(7) An eligible distance learning student does not qualify for support under this regulation if he or she holds a first degree from an educational institution in the United Kingdom.

(8) For the purposes of paragraph (7), a degree is not to be treated as a first degree where—

(a) it is a degree (other than an honours degree) that has been awarded to an eligible distance learning student who has completed the required modules, examinations or other forms of assessment for his or her first degree course; and

(b) the eligible distance learning student is registered to continue the course at the same educational institution after the award of his or her degree so as to obtain an honours degree on completion of the required modules, examinations or other form of assessment.

Amount of support

61F.—(1) Subject to paragraph (2) and regulation 61L(6), the amount of support payable in respect of an academic year is as follows—

(a) the maximum amount of support available under regulation 61E(1) is payable if at the date of his or her application the eligible distance learning student or his or her partner is entitled—

(i) under Part VII of the Social Security Contributions and Benefits Act 1992 to income support, housing benefit or council tax benefit; or

(ii) under Part 1 of the Jobseekers Act 1995 to income-based jobseeker’s allowance or under section 2 of the Employment and Training Act 1973 to an allowance under the arrangements known as the New Deal;

(b) where the relevant income is less than £15,700, the maximum amount of support available under regulation 61E(1) is payable;

(c) where the relevant income is £15,700, the maximum amount of support available under regulation 61E(1)(b) is payable together with £50 less than the maximum amount of support available under regulation 61E(1)(a);

(d) where the relevant income exceeds £15,700 but is less than £23,680, the maximum amount of support available under regulation 61E(1)(b) is payable and the amount of support payable under regulation 61E(1)(a) is the amount determined in accordance with paragraph (2);

(e) where the relevant income is £23,680, the maximum amount of support available under regulation 61E(1)(b) is payable and the amount of support payable under regulation 61E(1)(a) is £50;

(f) where the relevant income exceeds £23,680 but is less than £24,280, the maximum amount of support available under regulation 61E(1)(b) is payable and no support is payable under regulation 61E(1)(a);

(g) where the relevant income is £24,280 or more but less than £26,180, no support is available under regulation 61E(1)(a) and the amount of support payable under regulation 61E(1)(b) is the amount left after deducting from the maximum amount of support available under regulation 61E(1)(b) £1 for every complete £9.50 by which the relevant income exceeds £24,280;

(h) where the relevant income is £26,180, no support is payable under regulation 61E(1)(a) and the amount of support payable under regulation 61E(1)(b) is £50;

(i) where the relevant income exceeds £26,180, no support is payable under regulation 61E(1).